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How drones will influence the future of legal practice

Typically associated with warfare, drones are becoming increasingly prominent in society, both for personal and commercial use. This can and will impact upon lawyers and their practices.

user iconJerome Doraisamy 25 September 2019 Big Law
Tom Pils
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Lawyers should be getting on top of regulatory developments surrounding the use of drones, according to Tom Pils. Why? Because “the future is now”, he says.

Speaking recently on The Lawyers Weekly Show, Mr Pils – who is the managing solicitor at Agility Legal – discussed the business and administrative implications for legal practice.

When asked if we will soon be using drones to deliver documents to court, parties and clients, he said the Infrastructure, Transport and Regional Development, Airservices Australia and Civil and Aviation Safety Authority are developing a traffic management system, with deliverable expectations within two years.

 
 

As such, “while on the face of it, it seems very pie in the sky that we’re going to see drones flying around the sky, the fact that the government is pushing this heavily means that you are going to see it quicker than you’d think,” he said.

“Once the traffic management system is in place, certainly then the skies will be, dare I say, free for any user, and hopefully legal practitioners will adopt that where necessary.”

Certain kinks will of course need to be ironed out, Mr Pils ceded, including safety concerns about midair accidents and the potential dissemination of confidential documentation in public air space.

“I think it’ll be a while before we see those [court trolleys stacked with folders] being carted around by drone,” he remarked.

But – once ironed out – drones will be able to perform administrative functions usually delegated to assistants and paralegals, such as hopping in a taxi to deliver such documentation. Saving such a worker from that task will not only save petty cash, but ideally, allow for a firm to dedicate more time and resources to billing on client matters, Mr Pils agreed.

“I’d definitely be the first to adopt once we get the right infrastructure in place, no doubt,” he mused.

“And I’d bet other firms would as well, especially as you mentioned, the longer you’re at your desk, the more you can bill, and we’re all cost-conscious obviously, as you must be. Whenever it can increase the efficiencies and effectiveness, I think is a good thing.”

Elsewhere, Mr Pils said that registration and accreditation for commercial drone use are expected in November of this year, and lawyers across the board should be aware of the parameters around which such instruments can be used.

“You can fly a drone commercially thats under two kilograms without a license. To fly a drone heavier than two kilograms, you need to get a remote pilots license. And for recreational use, my understanding is, up to 25 kilograms you can fly recreationally, then after that you need to be part of a model aircraft association,” he explained.

“Australia earlier this year put out some regulations concerning beyond-visual-line-of-sight flights. Typically, you cannot fly your drone beyond your own visual line of sight, but the Civil Aviation Safety Authority has facilitated regulations to allow that, which is happening for example in Canberra as we speak, with Google Wing delivering donuts and golf balls to things in homes. Plus, they’ve just launched in Logan, in Brisbane.”

Such developments, he noted, have ramifications for clients in agribusiness, infrastructure, technology and real estate.

For legal professionals involved in privacy, torts and civil matters, being across drones will be especially pertinent, he said.

“From the torts perspective, or the civil perspective, theres potential nuisance and trespass. But typically for that, the general flavor of what Ive experienced from both other lawyers and from counsel is that, to be a nuisance, it really has to be an ongoing problem. One flyby over your backyard, while very annoying possibly, typically may not constitute an actionable tort, unfortunately,” he said.

“[On the topic of privacy], there are some offenses and some causes of action that help prevent that. For example, the Surveillance Devices Act generally prevents people from using optical or surveillance devices or listening devices to record someone without their permission.”

To listen to Jerome’s full conversation with Tom Pils, click below:

 

Jerome Doraisamy

Jerome Doraisamy

Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.

You can email Jerome at: This email address is being protected from spambots. You need JavaScript enabled to view it.